Hold-out creditor fails to block Solid Energy company arrangement
Hold-out creditor fails to block Solid Energy company arrangement
17 August 2016 | By  Timothy Lindsay  | Edith Offner
In a significant decision, the New Zealand High Court has rejected a minority hold-out creditor’s attempts to invalidate a voluntary deed of company arrangement for coal mining company Solid Energy New Zealand Limited pursuant to Part 15A of the New Zealand Companies Act 1993 Read More →
Hold-out creditor fails to block Solid Energy company arrangement
Hold-out creditor fails to block Solid Energy company arrangement
17 August 2016 | By  Timothy Lindsay  | Edith Offner
In a significant decision, the New Zealand High Court has rejected a minority hold-out creditor’s attempts to invalidate a voluntary deed of company arrangement for coal mining company Solid Energy New Zealand Limited pursuant to Part 15A of the New Zealand Companies Act 1993
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Parent company liable for debt of subsidiary company in liquidation
Parent company liable for debt of subsidiary company in liquidation
28 September 2015 | By  Luke Balmforth
If you are a director of a company in a corporate group, a recent High Court decision should serve as a timely reminder of the need to preserve each company’s separate legal identity within the group.
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Supreme Court decision on Voidable Transaction Defence
Supreme Court decision on Voidable Transaction Defence
05 March 2015 | By  Karl Stolberger  | Rachael Cederwall
The Supreme Court of New Zealand has recently released a decision giving clarity to the operation of the voidable transaction provisions within the Companies Act 1993.
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Note to Insolvency Practitioners – Health and Safety Reforms
Note to Insolvency Practitioners – Health and Safety Reforms
29 May 2014 | By  Karl Stolberger
The Health and Safety Reform Bill, which will create a new “Health and Safety at Work Act”, is presently charting its course through Parliament. The intention is that it will come into force on 1 April 2015...
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Admiralty Claims Trump Cross Border Insolvency
Admiralty Claims Trump Cross Border Insolvency
21 May 2014 | By  Karl Stolberger  | Barbara Versfelt
Korean shipping company STX Pan Ocean Co Ltd (STX), the demise charterer of M.V. New Giant, found itself in financial strife and sought relief under Korean bankruptcy laws to enable a re-organisation of the business to occur. Meanwhile various creditors with claims against the ship sought to protect their themselves by filing proceedings in admiralty and arresting the ship..
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Cross Border Insolvency and Ship Arrest
Cross Border Insolvency and Ship Arrest
10 September 2013 | By  Barbara Versfelt
New Zealand has implemented the United Nations Model Law on Cross Border Insolvency (Model Law) in the Insolvency (Cross Border) Act 2006 (Act). Under the Act, foreign insolvency administrators may apply to the New Zealand Courts for recognition of insolvency proceedings commenced overseas...
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